Tobacco Act

This version of section 22 is in force from 2002-12-31 to 2009-10-07.
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Marginal note:Advertising

  • 22. (1) Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element.

  • Marginal note:Exception

    (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in

    • (a) a publication that is provided by mail and addressed to an adult who is identified by name;

    • (b) a publication that has an adult readership of not less than eighty-five per cent; or

    • (c) signs in a place where young persons are not permitted by law.

  • Marginal note:Lifestyle advertising

    (3) Subsection (2) does not apply to lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in this section.

    “brand-preference advertising”

    « publicité préférentielle »

    “brand-preference advertising” means advertising that promotes a tobacco product by means of its brand characteristics.

    “information advertising”

    « publicité informative »

    “information advertising” means advertising that provides factual information to the consumer about

    • (a) a product and its characteristics; or

    • (b) the availability or price of a product or brand of product.

    “lifestyle advertising”

    « publicité de style de vie »

    “lifestyle advertising” means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.